Long pending divorce since 1999
Rajan
(Querist) 21 June 2012
This query is : Resolved
Dear Sirs,
My divorce petition is long pending since 1999 and have applied for divorce under cruelty, desertion, fraud providing false information.
The case was posted for cross examination, the respondent lawyer managed to file 3 IA petitions and stalled the cross examination in 2006, subsequently again the case was posted for cross examination in 2009, once again the respondent lawyer stalled the process by IA petition.
Finally, in 2011 December, I filed 24 documents (mostly collected from government offices, respondent her own false information on records and etc). However the respondent lawyer has made his junior to appear for the case seeking time for filing counter. But for the last 7 months they have not filed the counter inspite of court issuing them the ultimatum to file the counter
I have already submitted the precedent case laws in defence of my case to allow the marking of documents
Can I now object to the junior appearing and wasting the court time without filing vakalathama or the authorization issued by the senior to her to appear for the case
Can I object and request the court to allow me to mark the documents and post the case for cross examination as the respondent has failed to submit counter even after 7 months of the receipt of the documents wherein the respondent lawyer sough time to file the counter
Kindly advice me as I am appearing for my own case since the last 8 months and I am not a qualified lawyer.
Thanks in advance for your advice and suggestions
Shonee Kapoor
(Expert) 21 June 2012
The case has been lingering for last 13 years. You should make a request for day to day hearing of the case. If need be, you can move HC for the same/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 21 June 2012
Dear Querist
you should filed an application before the court u/s 21 B
of Hindu marriage act, 1955
21B. Special provision relating to trial and disposal of petitions under the Act.
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
feel free to call
ajay sethi
(Expert) 21 June 2012
the mistake you made was not hiring a lawyer . if you had hired a lawyer he would have objected to these dilatory tactics and would have insisted on costs being imposed on respondents .
on next occasion draw attention of the court to dilatoory tactics , insist on costs .
Guest
(Expert) 21 June 2012
It is never wise to contest a legal proceeding without a lawyer, albeit the litigant may opt otherwise. Move HC for the speedy disposal of your case.
Rajan
(Querist) 21 June 2012
Dear Sirs,
Thank you for your timely advice and suggestions, please be informed that the petition is filed under Indian Divorce Act (professing Christian religion)
Many thanks and regards
Dr J C Vashista
(Expert) 21 June 2012
Contact/engage a local lawyer which will save your next 13 years in seeking divorce
Rajan
(Querist) 21 June 2012
Dear Experts,
I respect your advice to hire a lawyer. Please be informed that I did hire a lawyer for the start 1999 till 2011 December, however he was more interested in filing some or the other petitions and after 6 months withdraw the same, all my efforts were futile and hence with the help of the lawyer who is too old to attend the court is assisting and helping me whenever I seek his assistance, but there is no end to the tactics being played by the respondent lawyer.
For your kind information, I am appearing for myself only for the last 7 months
Thanks and regards
V R SHROFF
(Expert) 22 November 2012
VERY SORRY TO HEAR THIS. BY THIS TIME, U YOURSELF WOULD HAVE LEARN LAW AND BECOME ADVOCATE.
